(영문) 수원지방법원 2018.11.28 2018노5865 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.11.28 2018노5865

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable to the fact that the Defendant’s mistake is divided and reflected, the Defendant’s failure to repeat the offense, and the direct acquisition of the benefits are not high.

However, the Defendant directly participated in the criminal act of Bosing fraud and committed the instant crime without being aware of the fact that the amount of damage was up to nine million won, the victims did not have been paid due to the violation of the Electronic Financial Transactions Act, on December 21, 2016. The Defendant committed the instant crime without being aware of the fact that he/she was sentenced to two years of suspension of execution on the grounds of a violation of the Electronic Financial Transactions Act, which was committed on December 21, 2016. The lower court seems to have considered the favorable circumstances for the Defendant. In light of all the sentencing conditions indicated in the instant case, including the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the sentence of the lower judgment, the Defendant’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That in accordance with Article 25 of the Rules on Criminal Procedure, "a list of seizure and seizure" shall be added, and "Article 48 (1) 1 of the Criminal Procedure Act" shall be added to "Article 48 (1) 1 of the Criminal Procedure Act," and "Article 48 (4) of the Rules on Criminal Procedure" shall be corrected as being added to "Article 25 of the Rules on Criminal Procedure."

참조조문

-형법 제48조 제1항 제1호

-형사소송규칙 제25조

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